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1 Check all outlets.
Friends who don't have a pen can take a charger and a three-phase connector power strip. The charger can check the two-phase socket, and the three-phase connector can check the three-phase socket.
2 Check all windows.
Inspect the glass. The glass must not have scars, every piece we buy is a commodity, and we must check it carefully, otherwise we will suffer the loss. Don't think it doesn't matter if there's a small scar on that big piece of glass, think about if you're buying a mirror, you definitely don't want a mirror with a scar.
Check the window screensMany of the window screens are torn or have large scratches on them. Check that the windows are open to see if they touch the wall, and the wall can be easily destroyed.
3 Check the ** line, the ** line of the broadband interface and the broadband panel are not of good quality, and it depends on whether they are fixed firmly!
4 Check whether the radiators and balcony guardrails are firm.
5 Check every light and switch.
6 Check every faucet.
7.The original copy of the "Completion Record Acceptance Form" and the "Housing Area Measurement Form" should be checked for the house, otherwise it will be connected.
In judicial practice, if you do not raise an objection when you receive the house, it is regarded as a house buyer.
The actual house waives the right to dispute the area.
8.Pay attention to the window hinges and water pipes, there are a lot of problems.
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What is the problem when handing over the house and what needs to be paid attention to when handing over the house is as follows:
When handing over the house, the buyer needs to inspect the house, if there is any problem, the developer can be repaired, generally when entering the room, it is found that there are cracks on the ground and wall, and when there is a hollow drum when knocking on the wall, the developer can rectify it.
Here are some things to look out for:
whether the ground is sloping;
whether there is a hollow drum on the wall;
whether there are water stains in the corners of the walls;
Whether there is cracking on the floor of the bathroom;
Whether there is an anti-odor elbow in the sewer pipe of the kitchen and bathroom;
whether the floor height meets the standard of the purchase contract;
whether the door is properly installed and whether it is shaking;
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Article 9 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing ("Interpretation" shall support the buyer's request to terminate the contract and compensate for losses if the quality of the main structure of the house cannot be delivered for use due to unsatisfactory quality, or if the quality of the main structure of the house is verified to be unsatisfactory after the delivery of the house.
People usually say that there is a quality problem in the house, which means that the house does not meet the statutory or agreed quality standards and has quality defects. In general, there are three types of housing quality problems: illegal quality problems, default quality problems, and use quality problems.
1) Illegal housing quality problemsIllegal housing quality problems refer to the failure of houses to meet statutory quality standards in the use of building materials and equipment or construction operation procedures. This kind of housing quality problem is currently the most common and most likely to cause disputes. Includes:
roof leakage; The flue, exhaust hole and air duct are not passable; Indoor floor hollowing, cracking, sanding, loose bricks, and water leakage on the ground with waterproof requirements; Interior and exterior walls and ceiling plastering, bricks, wallpaper, paint and other finishes fall off, and the wall slurry is activated and peeled; The door and window opening and closing are not effective or the seams exceed the specifications; toilets, kitchens, and showers are downhill and stagnant; Diving in the interior wall panels, standing water on the balcony; Water leakage in water towers, pools, and basements with waterproof requirements; Indoor water supply and heating system pipes leakage, air leakage, heating is not hot, electrical appliances, wires, lighting fixtures falling; Indoor and outdoor water and sewage pipes are leaking and blocked; The deformation and cracks of steel, reinforced concrete, masonry and other load-bearing structures exceed the national specifications and design requirements, and the content of toxic and harmful gases such as ammonia, benzene, formaldehyde, and radioactive radon in the room exceeds the standard. There is no doubt that the developer should bear legal responsibility to the buyer for this kind of housing quality problems, including: repair, check-out, house exchange, compensation, etc.
However, there are often serious disagreements between buyers and developers about how the developer should bear legal responsibility, which leads to disputes. (2) The quality of the defaulted housing refers to the fact that the housing delivered by the developer does not meet the promised quality standards. This type of dispute is not only a dispute over the quality of the house but also a dispute over breach of contract, which is based on the free agreement of both parties.
In order to avoid such disputes, the key is to improve the awareness of the buyer and the seller, and make a clear agreement on relevant issues and responsibilities when signing the contract, so as to avoid disputes and reduce conflicts. (3) The quality problem of the use of the house This kind of quality problem is not actually the quality defect of the house or equipment provided by the developer, but because the buyer does not use the relevant equipment in accordance with the requirements, so that it cannot achieve the normal use function, and even evolves into quality defects. For such so-called housing quality problems, the buyer (or user) should bear the corresponding responsibility.
While obtaining the ownership of the house, the buyer should also fulfill the obligation to use the house and related equipment as required to ensure its normal operation, so as to avoid causing losses to others and themselves.
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If there is a problem at the time of delivery, and the quality of the house seriously affects the normal residential use, the buyer's request to terminate the contract and compensate for losses should be supported. If the quality of the main structure of the house is unqualified and cannot be delivered, or if the quality of the main structure of the house is found to be unqualified after the delivery of the house, the buyer requests to terminate the contract and compensate for losses.
[Legal basis].
Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing.
If the buyer requests to terminate the contract and compensate for losses if the quality of the main structure of the house is unsatisfactory because the quality of the main structure of the house is unqualified, or if the quality of the main structure of the house is verified to be unsatisfactory after the house is delivered for use, it shall be supported.
Article 10 If the buyer's request to terminate the contract and compensate for losses is seriously affected by the quality of the house, it shall be supported.
If there is a quality problem in the house delivered for use, the seller shall bear the responsibility for repairing it during the warranty period; If the seller refuses to make repairs or delays the repairs within a reasonable period of time, the buyer may make repairs on its own or by entrusting others to do so. The seller shall bear the cost of repair and other losses caused during the repair period.
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If there is a problem with the main structure and it seriously affects the normal residential use, then the buyer can ask the developer to move out and compensate for the losses suffered by himself. If the developer ignores the legitimate demands of consumers, it may file a complaint with the consumer association or file a lawsuit with the people's court where the house is located.
According to Article 32 of the Regulations on the Management of Urban Real Estate Development and Operation, after the delivery of the commercial house, if the purchaser believes that the quality of the main structure is unqualified, it can apply to the project quality supervision unit for re-inspection. After verification, if the quality of the main structure is unqualified, the purchaser has the right to check out; If losses are caused to the purchaser, the real estate development enterprise shall be liable for compensation in accordance with the law.
Article 35 of the Administrative Measures for the Sales of Commodity Housing stipulates that after the delivery of the commercial housing, if the buyer believes that the quality of the main structure is unqualified, it may entrust the engineering quality inspection agency to re-inspect it in accordance with the relevant regulations. If the quality of the main structure is found to be unsatisfactory after verification, the buyer has the right to request to move out; If losses are caused to the buyer, the real estate development enterprise shall be liable for compensation in accordance with law.
2. Quality problems of non-main structure of the houseIf there is a special agreement between the two parties in the purchase contract for non-main structure problems such as waterproofing of the house, it shall be executed in accordance with the agreement; If there is no special agreement between the parties in the purchase contract, the buyer should negotiate with the developer to settle the matter, but generally the developer will not agree to move out. In the event of such problems, such as within the statutory warranty period and scope, the developer shall bear the responsibility for quality warranty in accordance with the law, and if it exceeds the statutory warranty scope and period, paid maintenance shall be implemented. Among them, the cost of overhaul, renewal and renovation of the common parts of the house and the common facilities and equipment shall be paid from the public maintenance**; If it belongs to the buyer's own use of the parts and equipment, the owner shall bear the cost.
If the developer fails to perform the warranty obligation in time during the statutory warranty period, the buyer has the right to require the developer to bear all the economic losses caused to the buyer. Based on the above, what should I do if I find quality problems with the delivered commercial housing above? If we find that there is a quality problem after buying a commercial house.
Then, first of all, it is necessary to distinguish whether there is a quality problem with the main structure of the house, and the buyer can ask the developer to move out and compensate for the losses suffered by himself.
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If there is a problem during the delivery of the house, the buyer should do a good job of evidence preservation, collect the written delivery notice issued by the developer, and the audio and video recording of the delivery process, so as to protect their own rights and interests. If the developer overdues the delivery of the house for more than a certain period of time, and the buyer chooses to move out, he shall submit a request to the developer in writing to move out; If there is a quality problem, a written rectification notice can be submitted to the developer.
[Legal basis].
Article 30 of the Administrative Measures for the Sales of Commodity Housing shall deliver the commercial housing that meets the conditions for delivery and use to the buyer on time in accordance with the contract. If it fails to deliver on time, the real estate development enterprise shall bear the liability for breach of contract. If it is necessary to postpone delivery due to force majeure or other reasons agreed by the parties in the contract, the real estate development enterprise shall promptly inform the buyer.
Article 35 After the commercial house is put into use, if the buyer believes that the quality of the main structure is not up to standard, it may entrust the engineering quality inspection agency to re-inspect it in accordance with the relevant regulations. If the quality of the main structure is found to be unsatisfactory after verification, the buyer has the right to move out; If losses are caused to the buyer, the real estate development enterprise shall be liable for compensation in accordance with law.
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Hello, 1. If the commercial housing provided by the developer is qualified by completion and acceptance, but there are quality defects and it is within the warranty period, the buyer can ask the developer to bear the responsibility for repair, and if the loss is caused to the buyer, he can claim compensation for the corresponding loss. 2. If the commercial housing provided by the developer has not been completed and accepted, the buyer can refuse to accept the house, and if the delivery of the house is delayed, the developer can be required to bear the liability for breach of contract for the delay in delivery, and if the conditions for moving out are met, the buyer can check out. 3. If the housing experience is not qualified, the buyer can not only refuse to accept the house, but also demand the termination of the contract and compensation for losses.
4. After the house is delivered, if it is found that the quality of the foundation or main structure of the house is unqualified, the buyer can terminate the contract and have the right to claim compensation from the developer. 5. Although the house is qualified and delivered for use, but there are quality problems in the house, which seriously affect the normal residential use, the buyer has the right to terminate the contract and has the right to request the developer to compensate for the loss. 6. After the house is delivered, if there is a quality problem in the house during the warranty period, the buyer can ask the developer to bear the warranty responsibility.
If the developer refuses to repair or delays the repair within a reasonable period of time, the buyer can entrust others to repair the repair, and the cost shall be borne by the developer.
Questions. After moving into the house, there were water leaks, cracks, toilet smells, and poor sound insulation.
Find a developer. Questions.
It was repaired twice, and it dragged on for 3 months.
Would like to check out now.
I can't get a real estate deed.
If the developer agrees, it can be refunded, and if it does not agree, it can only find the relevant departments.
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After the delivery of the house, the quality problems are dealt with as follows: 1. Negotiate maintenance. If it is within the warranty period, the owner can ask the developer to rectify the historical flushing; If the developer does not actively rectify the situation, he can file a lawsuit in court to protect his rights and interests.
2. If the negotiation is inconsistent, the buyer needs to move in as soon as possible for some reasons, and can find a third party for maintenance. Then the necessary reminders are made, and the costs of the repair process are borne by the developer. 3. Complain to the Consumer Association.
4. You can file a lawsuit with the court to protect your legitimate rights and interests. 5. When the quality of the house seriously threatens the overall safety of the house, the buyer can directly ask the developer to check out. Article 9 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing Article 9 If the main structure of the house cannot be delivered for use because the quality of the main structure of the house is unqualified, or the quality of the main structure of the house is verified to be unqualified after the house is delivered for use, the buyer's request for rescission of the contract and compensation for losses shall be supported.
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